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THE NEW YORK PUBLIC LIBRARY 

ASTOR LBNOX and TILDBN FOUNDATIONS 



PAPERS RELATING TO SAMUEL CORNELL 
NORTH CAROLINA LOYALIST 




NEW YORK 
1913 



THE NEW YORK PUBLIC LIBRARY 

ASTOR LENOX AND TILDEN FOUNDATIONS 



PAPERS RELATING TO SAMUEL CORNELL 
NORTH CAROLINA LOYALIST 




NEW YORK 
1913 






'I'l,. rn 
JU 



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^ 



PAPERS RELATING TO SAMUEL CORNELL. 
NORTH CAROLINA LOYALIST 



The letters printed below are selected from a collection of manuscripts 
relating to the efforts of the heirs of Samuel Cornell to recover debts due his 
estate, recently given to the Library through Howard Townsend, Esq., by the 
next of kin of Maria L. Campbell deceased. 

Samuel Cornell was born in Flushing, New York in 1731''', of Quaker 
stock, the son of Samuel Cornell and Hannah Doughty. He moved from New 
York to Newbern, North Carolina, about 1754, where he married Susannah 
Mabson, and soon became one of the leading men of the province, being 
referred to by Governor Martin in 1775 as "the most opulent Merchant" in 
the colony. He was -appointed a member of the Council in 1770, and was. 
generally speaking, a consistent supporter of the royal authority during the 
troublous times preceding the outbreak of the Revolution, although Governor 
Martin speaks of him as having been unfavorably disposed for a time, due to 
the influence of his son-in-law Isaac Edwards, the deputy auditor of the 
province. 

In 1775 feeling in the province became so strong that Cornell felt it prudent 
to leave, going first to England and afterwards to New York, where he died 
in 1781. In November, 1777, he obtained permission from Sir Henry Clinton 
to return to Newbern to settle his affairs and bring his family and household 
effects to New York. This he succeeded in doing, although Governor Caswell 
did not allow him to land when he reached Newbern. While in Newbern 
harbor he transferred his property to his five daughters, and had the deeds 
recorded, hoping thus to save his property from confiscation. In this, how- 
ever, he was not successful, as the property was subsequently confiscated by 
the general act. chapter two. laws of 1779. passed by the Legislature at the 
October session of that year. 

At the close of the war his daughter, Mary Edwards, brought suit in the 
courts of North Carolina to recover the property deeded her by her father, on 
the ground that the confiscation acts did not rightfully apply, the property 
having been transferred before their passage. The suit, however, was decided 
adversely in November, 1787. Meanwhile Henry Chads in 1784 filed a 



* According to the Records of the Society of Friends of New York and vicinity, New York genealog- 
nd biographical record, v. 4, p. 191. 

[3] 



4 THE NEW YORK PUBLIC LIBRARY 

claim with the "Commissioners of inquiry into the losses and services of the 
American loyalists" in behalf of his wife, formerly Susannah Cornell, and 
her sisters Sarah, wife of ]\Iatthew Clarkson, Elizabeth, wife of William 
Bayard, jr., Hannah, wife of Herman Le Roy, and Mary Edwards; a supple- 
mentary petition was filed in 1788. Compensation to the amount of £50,000 
was asked for; the commissioners in December, 1788 granted them £8,300. 

The heirs did not succeed at this time in recovering any of the bonds, 
notes and book accounts due to Cornell, amounting to £22,500. In 1797 they 
began efforts for compensation from the United States government under 
article six of the Jay treaty of 1794. They were aided in their efforts by 
David A. Ogden, afterwards the founder of Ogdensburg, who in May, 1797 
had married Rebecca Edwards, granddaughter of Samuel Cornell. Robert 
Ogden, jr., a distant relative of David A. Ogden, was made executor of the 
estate and sent to North Carolina to take personal charge of affairs. The 
letters printed below narrate his success. As a side issue it is not without 
interest to note that some four years after his arrival, in 1803, Robert Ogden 
married a daughter of Abner Nash of Newbern, one of the revolutionary 
governors of the state. He spent the rest of his life in the South, first at 
Charleston, S. C, and afterwards in Louisiana. 

The principal authorities for this account are the Colonial and State 
printed records of North Carolina, the transcripts of American Loyalist 
Papers in The New York Public Library, J. S. Jones' "Defence of the revolu- 
tionary history of North Carolina," Sabine's "American loyalists," the Rev. 
John Cornell's "Genealogy of the Cornell family," and W. O. Wheeler's 
"The Ogden family." Portraits of Samuel Cornell and David A. Ogden 
together with additional information concerning their families will be found 
in the works of Cornell and Wheeler. 

St.\tement of the Case of the Heirs of S.\muel Cornell 

The Subscribers the Legal Representatives of the late Samuel 
Cornel deceased at the time of his Death a Subject of the King of Great 
Britain, beg leave to suggest, for themselves, and in Behalf of the Heirs 
and Legatees of the said Estate, for the Information of the Commis- 
sioners appointed in pursuance of the Sixth Article of the treaty of Amity 
Commerce and Navigation Concluded Between his Magesty and the 
United States of America — 

That the said Samuel Cornel was born in the year Seventeen Hun- 
dred and Thirty three at Flushing on Long ISLand his Magesty's then 
Province now State of New York — 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 5 

That about the Year seventeen Hundred and fifty four he Removed 
from New York to New Bern in the then Province, now State of North 
Carohna, wliere he Entered into Mercantile Business 

That on the Tenth day of May Seventeen Hundred & Seventy he 
was appointed one of his Magesty's Council for the said Province of North 
Carolina — that on the Twenty fourth of August Seventeen Hundred and 
Seventy, he took the Necessary oaths before his Excellency William 
Tryon Esquire and subscribed the Test in the presence of the Honorable 
John Rutherford & Robert Palmer Esq"'. 

That in the Year Seventeen Hundred and seventy five, The Commercial 
Concerns of the Said Samuel required his presence in the Kingdom of 
England, that previous to his going to wit, on the Seventeenth of August 
seventeen Hundred and Seventy five, he obtained leave and permission 
from his Excellency Josiah Martin Esquire his Magesty's then Governor 
and Commander in Chief of the said Province of North Carolina, to be 
absent from his duty as one of his Magesty's Council for the space of 
Twelve Months, from the Date thereof 

That the said Samuel was in England at the time of the Declaration 
of Independence by the United States of America Viz. on the fourth of 
July Seventeen Hundred and seventy six 

That in the Spring of the Year Seventeen Hundred and Seventy 
seven he Returned with his Magesty's Fleet from England to the City of New 
York, then in possession of his Magesty's forces — that on the 22''. day of 
November Seventeen Hundred and Seventy Seven he obtained per- 
mission from his Excellency Sir Henry Clinton to pass and repass with 
a Flag of Truce to New Bern in North Carolina, to settle his affairs in 
that Place — That on his arrival at New Bern the fifteenth of December 
one Thousand seven Hundred and seventy seven he Informed his Excel- 
lency Governor Caswell thereof and at the same time Solicited him, for 
permission to Land - — that on the sixteenth of December Seventeen 
Hundred and seventy seven, his Excellency Granted such permission — 

That the Legislature of the State of North Carolina were then in 
session, at New Bern, that the said Samuel petitioned them that he might 
be permitted to Return to New York, with his family, furniture, and 
Household Negroes, as he could not Consistently with a due Regard to 
his own Feelings, take the Oaths of allegiance and Abjuration required 
by the Laws of that State — 

That on the 25''' day of December one Thousand Seven Hundred and 
Seventy seven his Excellency the said Richard Caswell granted to the 
said Samuel a Permit to Return in the said Flag of Truce, to the City 
of New York — Then, in Possession of his Magesty's Troops, and to 
Take with him his Family. Certain Servants, and Household Goods as 
particularly Specified therein — on Condition Nevertheless that he should 
sail from that Port in five Days from the Date thereof, \Vind — and 
Weather allowing — 

That the said Samuel arrived in the City of New York in the Begin- 



6 THE NEW YORK PUBLIC LIBRARY 

ing of the Month of January in the Year Seventeen Hundred and Seventy 
Eight that he Resided there till the time of his Death, in the Month of 
May Seventeen Hundred and Eighty One. 

That in the Year one Thousand seven Hundred and Seventv Nine, 
the Estate of the said Samuel, Both real and personal, in the said State 
of North Carolina was Confiscated and a Part thereof sold by the Com- 
missioners of Confiscated Estates that the Legal Representatives of the 
said Samuel, have — Since his Death by the Existing Laws of the said 
State of North Carolina, been prevented from Recovering the several 
Debts Particularly Stated, in the Schedule hereto annexed, which were 
due & owing the said Samuel in the said State during his Lifetime, in 
Violation of the Treaty of Peace Concluded Between the United Statess, 
and his Britanic Magesty at Paris 3"^ Day of September 1783 — 

Wherefore the Subscribers pray that a day may be assigned, at which 
time they will be prepared to Prove the several Facts Contained herein, 
and to produce such Testimony as May be deemed requisite to entitle 
ihem under the said Treaty to full and Compleat Indemnification — 

[Endorsed :] Copy State of Case 

Submitted 13"' Sept' 1797 
to 
Phineas Bond 



W. M. Smith to Le Roy & Bayard 

Philad^ Ocf 2^ 1797 
Gentlemen — 

M'' Bond has placed in my hands your Statement of a Claim against 
the L^nited States as Representatives of the late S. Cornel Esq"" dec''- — • 
I have the Acts of the different States in the Union from which the different 
impediments complained of by British Creditors, originated; the particu- 
lar Law affecting M'' Cornel is now before me, and I entertain no doubt 
but that in all Cases where the Debtors are yet solvent, a recovery may be 
had, unless the Debts were barred by the Act of Limitations previous 
to the existence of legal impediments in the ordinary Course of judicial 
proceedings — I forward for your perusal a decision in the Case of a 
Gentleman named in the same Confiscation Act with M'' Cornel. Your 
Claim, however, should be filed to the full extent in order to prevent a 
bar by the lapse of 18 months, the time for receiving Claims; any Suits 
which it may be thought necessary to commence, may in the meantime 
be prosecuted, and a complete decision on every item of your Demands 
may be postponed until those Suits shall be determined. I expect by the 
earliest Conveyance from N Carolina an authenticated List of all the 
Debts paid into the Treasury under the confiscating Law, in wliich I 
expect many due to M'' Cornel will appear. 

It will be necessary to forward a certified Copy of M'' Cornels 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 7 

Will, together with the several Evidences of the Debts due to him, and 
wherever the present insolvency of the debtor is the Ground of the 
Claim there must be produced some reasonable proof that he was reputed 
solvent during the existence of the legal impediments, together with full 
proof of insolvency at present. Compensation is not to be made for such 
Losses as would have happened even if no legal impediments had 
existed — . It will, more than probably, be necessary to collect much of 
the testimony in your Case from N. Carolina; if so, a personal interview 
with one of you will be necessary. I spend part of almost every day at a 
Country Seat 5 Miles from this City, at the falls of Schuylkill, at which 
place, or at Frankford, or at Bristol, I will cheerfully meet you, to make 
the necessary Arrangements for filing «& supporting your Claim, if you 
wish to proceed in this Business, before the present alarm which prevents 
visits to this City, ceases. — 

I have the honor to be 

With great Respect 

y obed' Serv* 



W" Moore Smith. 



Mess" Le Roy & Bayard 

New York 

[Endorsed i] W" Moore Smith 
dated 2 October 
rec<^ 5 D°. 
ans<^ 6 D°. 

We propose meeting him 
the 15 Inst at M' Elroy 
in the morning 



Directions to be Observed by Robert Ogden Jun" Esqr. 
AS Adm" of Samuel Cornell dec". 

1. M'' Ogden after his Arrival in North Carolina will proceed first to 
the house of Gen'. Jones, he resides About 30 Miles this Side of Halifax — 
Application must be Made to Gen'. Jones by M"". Ogden to become Security 
for him on taking out letters of Administration if security cannot otherwise 
be obtained in Halifax — 

2. M''. Ogden will proceed from Gen'. Jones to Col. Davie's near Hali- 
fax, on his Arrival there he will deliver his Letter to Col. Davie. State to 
him the Object of his Business. Give him a retainer. And procure his 
Interest in obtaining letters of Administration — 

3. Should the Probate office be kept at Newbern — M^ Smith will then 
be the proper person to Apply to As Security — 

4. Should Col. Davie owing to his Extensive Business be unable to 
Prosecute the several Actions to be commenced as the Attorney on record M''. 
Ogden will pursue his directions as to the Attorney he is to Employ — 



8 THE NEW YORK PUBLIC LIBRARY 

5. As the Most of the debtors reside in the vicinity of Newbern it May 
be necessary and useful for M^ Ogden to employ Council in Newbern. In 
such Case he will ad\ ise with Col. Davie and retain such as he May Approve 
of and elect. — 

6. Having procured letters of Administration, his next object must be 
to obtain information with respect to the Several Debtors, their residence, 
solvency, and if insohent now, their reputed Solvency on the 3''. of September 
1793 — 

7. \Miere proof can be obtained of their reputed Solvency at the Peace 
viz on the 3''. September 1783. when Legal Impediments existed and of their 
reputed Insolvency at Present, it Appears from the Opinion of j\P. Smith the 
Gen'. Agent, that suits will not be necessary, because the Commissioners on 
proof of the Debts the former solvency of the Debtors and Present Insolvency, 
will Award that restitution be Made by the United States — 

8. The form of the Affidavit respecting the proof to be adduced of the 
Solvency and Insohency of the Debtors, M''. Ogden will have herewith the 
last Testimon}-, that the Nature of the Case will admit of. Must be obtained to 
prove the execution of the Several Notes bonds &. — 

9. As soon as information is received of the Solvency of the debtors. 
Suits are to be commenced in the Circuit Court of the United States provided 
the Sum due amounts to a sum Cognizable in the said Court viz. Dolls. 500. 
where the sum is under that Amount it is supposed by M''. Smith that the Com- 
missioners on pro\ing the Debt and the Ability of the Debtors to pay since the 
Treaty of Peace in 1783 — will award Compensation by the United States 
without putting the Claimants to the Trouble and Expense of a suit — 

10. It is expected that M''. Ogden will as often as once every week or 
fortnight by letter Communicate his success in this Business, his letters to be 
directed to David A Ogden Esquire, to the Care of Mess. Le Roy Bayard and 
M'Evers stating Particularly the Receipts of all Monies &c &c — 

11. Should M"". Ogden receive Monies in Halifax due the Estate he will 
Consult with Gen'. Jones in whose hands to deposit the same till an Oppor- 
tunity offers to remit it. If in Newbern it is to be Placed in the Hands of M''. 
Nathan Smith and to be shipped to New York Taking a Bill of Lading or 
receipt from the Captain and Informing us by Post Previous thereto that Insur- 
ance may be obtained — ■ 

12. M"". Ogden will Inquire of AL. Johnson at Edenton for Bunkum's 
Bond and Mortgage and proceed in the Recovery of the same as Circumstances 
may Require and also send us the date and Amount thereof — - 

13. It will be most advisable for M''. Ogden to bestow his care and atten- 
tion on the large Debts first, and to write us as soon as possible — particularly 
respecting every Claim where the Amount exceeds D* 500. stating the Present 
and former Solvency &c &c together with every other Matter and thing which 
may enable us to Complete the Memorial for the Commissioners — 

14. It will be necessary for M^ Ogden to Call on the Representatives 
of David Barron and first to procure a statement of their acco', obtain a \^ie\v 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 9 

of their books, Get what Acknoledgement he can, after which it will be most 
advisable to file a bill in Chancery on the Equity side of the Circuit Court — 

15. No Bonds on notes are to be Renewed because thereb}' the United 
States will be discharged from their liability — 

16. Mr. Ogden is authorized to deviate from these Instructions in such 
manner as M''. Smith may point out — 

Copy signed 

Le Roy & Bayard 
New York 
2d. Nov'-. 1797 



Le Roy & Bayard to Col. Davie 

New York 27"" of November 1797 
Dear sir 

The bearer hereof is our friend M''. R Ogden Jun''. who we beg leave 
to introduce to your kind attention and civilities M^ Ogden has undertaken 
the management of our affairs in your State and to that end goes down to 
arrange them, as he will have the honor of explaining to you more fully. Your 
aid will in all probability be necessary to insure him Success, in which case we 
hope you will grant it to him, particularly so as we understand you are prose- 
cuting M'' Hamiltons Claims : whose Situation is exactly that of M'' Cornells 
Estate. It will perhaps be necessary for M*" Ogden to take out letters of 
administration, as he has already done here, in which case you will most particu- 
larly oblige the family in advising and aiding him therein. As M"' Ogden is a 
Stranger at Newbern, & where we presume he will have to procure much 
information, we shall esteem it a particular favor, if you will be so good as to 
furnish him, with such introductions, as may enable him to have a friend to 
call upon, for aid or advice in case of Necessity. From the decision given by 
Judge Elsworth in the case of Hamilton, dont you conceive the family might 
with hopes of Success attempt a Suit for the Recovery of their Landed Estate. 
We will be glad if you will confer with M"' Ogden on this business, & communi- 
cate your opinion to him. We shall be ever gratefull for the attentions you 
may be pleased to shew M'' Ogden, who you will upon acquaintance find well 
deserving of them, and in Return, 3fou will ever find us at your Service. With 
much esteem & Respect we Remain 

Your Humble Servants 

Dear sir 

P. S. Should you become security for M''. Ogden for the faithful admin- 
istration of the Estate of M"'. Cornell we do hereby agree to save you harmless 
from any liability you may be eventually under on that account. As the 
family who are alone interested, there being no debts, have given him a power 
of attorney to take out letters of administration on the Estate, of course your 
becoming a security will be a mere matter of form — 

Col'. W. Davie, at Halifax, North Carolina 



10 THE NEW YORK PUBLIC LIBRARY 

Robert Ogden, Jr. to David A. Ogden. 

Philad^ Dec'-. 5"' 1797 — 
D^ Sir. 

I reached this place on Sunday last — waited till this morning for your 
letter, when I received the same; and have this day seen M^ Smith. He 
thinks the memorial is right in its present form and I have accordingly signed 
it. He will forward it to you. M^ Smith advises that where the debts 
are barred by the Statute of limitations and the debtors are solvent, new obli- 
gations be obtained; and further that where the debts are not so barred (being 
under seal, or not under seal and new promises or acknowlegements are 
obtained) and the debtors are solvent, suits be commenced in the State Courts 
for sums under 500 doll* — My instructions direct me to assume such 
variations as AP. Smith may advise — You will please to write me particu- 
larly on these points, and direct your letter to Halifax or Newbern as you 
may think it will find me. I shall leave this place to morrow morning in 
the mail stage and proceed in my journey with all the expedition in my power. 
I send my trunk on in a vessel which sails on Tuesday next for Newbern — 
of course shall only be encumbered with a small portmanteau containing m\- 
papers and a few clothes — I am Sir, with my great regard 

Your humb. Serv'. 

Rob'. Ogden Jun''. 
David A. Ogden Esq"- — 

[Endorsed ij Rob'. Ogden — Jun''. 
Dec--. 5"' 1797 

Answered Deer. 10th — 
Care of Col. Davie 
Duplicate sent 
to New Bern 



David A. Ogden to Robert Ogden. Jr. 

New York Dec"" 10"' 1797 — 
D sir — 

Permit me to Acknowledge the receipt of Your favor of the 5"' Instant 
the contents of which I have communicated to the parties immediately Inter- 
ested in the Estate of M^ Cornell — Their Answer I shall state you. for 
Your future Guidance — 

1. When Debts are Barred by the statute of Limitations and the Debtors 
or their Representatives are solvent, new obligations are to be obtained, with 
such security as You maybe able to procure — 

2. That no suits for sums under what is cognizable in the Circuit Court 
of the United States, be commenced in the State Courts at Present — - You 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST H 

may however write or call on such Debtors, and if they will in writing or 
otherwise acknowledge the existance of the Debt, and assume to pay the 
same, it will answer a Valuable purpose not only as it respects the right to 
recover against such Debtors, but eventually against the United States ; to 
obtain such Assumption. You may promise them an Indulgence for a short 
time — 

From the Information we may receive from You the Instructions here- 
tofore given may be changed as the Interest of the Estate may require — 
At present commencing a Number of suits in the state Courts would be 
attended with great expense, without a certainty of a recovery — 

This letter I have directed to You at Halifax to the care of col. Davie, 
in future, mention where I am to to direct to You, and to whose care — 

With sentiments of Esteem 
be convinced 

That I am 
Your Friend 
David A Ogden 
New York 
Dec^ 10^ 1797 — 

[Endorsed :] Dec"-. 10"' — 1797 

To Rob' — Ogden Esq"'. 



Robert Ogden, Jr. to D.a.vid A. Ogden. 

Richmond Dec'. 14. 1797 

D^ Sir 

I arrived here \ery safely on Tuesday last in the evening — after a very 
slow and tedious journey in the mail stage. I am surprised that the mail 
travels so slowly, a great part of the time is lost on the road, and this from 
no necessity whatever. I have yesterday and this morning seen Mess". 
Pickett Pollard & Johnston. Am very much indebted to these gentlemen for 
their polite attention. I have purchased a horse and sulky and shall proceed 
on to day towards the seat of my business — I find that horses in this place 
are amazingly high — have been fortunate enough to procure myself one 
that pleases me very much — a young horse, whose figure and carriage will 
command a handsome price when our purposes are answered. I shall charge 
you 150 dolP. tho' I gave something more 16;j4 dolP. which I shall place to 
my private ace', my own satisfaction in riding a good horse. I assure you 
Sir it was out of my power to procure a decent horse for less money — my 
sulky is a new one-piece llYi doll^ — and will command a sale in North 
Carolina. I shall dispose of it when I get there as I prefer riding on horseback 
except occasionally when baggage renders a sulky necessary. I wish you to 



12 THE NEW YORK PUBLIC LIBRARY 

make my best respects to Mess". Le Roy and Bayard and families — Assure 
them that I shall make every exertion to expedite the business I have under- 
taken and will certainly observe all due regard to economy in my expenses — 
I have been obliged to draw for 260 dolP. being 60 dolP. in addition to their 
request. They ■ will excuse the liberty I have taken — Aly best respects to 
your Mama & M'■^ Ogden — and accept Sir yourself my very great 
regard — From Sir 

Your humb. Serv'. 

Rob'. Ogden Jun"^. 
David A. Ogden Esq"'. 
New York 



Robert Ogden, Jr. to David A. Ogden. 

Hicks's Ford Dec^ 17"'. 1797 — 
D^ Sir 

I have seen AP. Cain the overseer of M". Edwards' Estate in this place 
and have endeavoured to learn as much of the Estate as was in his power in 
a short time to communicate. There are 3000 Acres of land the whole 
improved ground excepting 2 or 300 Acres of low marshy land which cannot 
be made to produce any thing and about 50 acres not cleared which is how- 
ever valuable. Much of the land is poor and requires manuring. There 
are 12 or 1500 Acres of high ground good for corn and by manure for 
Tobacco — supposed to be worth in general 20/. 3 doll^ & ^ p^ Acre — 
some of it indeed is worth more — some from the want of manure is worth 
less — The remainder of the land is low ground chiefly, which is the better 
sort and worth 10 dolP. p''. Acre — some acres perhaps are worth more — 
M^ Cain supposes the whole tract to be fully worth at the rate of a Guinea p''. 
Acre — and thinks it would sell to better advantage if divided into 2 or 3 
plantations — and indeed I think that 2 or 3 able owners would thrive upon 
the place, while one perhaps, scattering his strength upon the whole, would 
by no means do so well. 20/. p"'. Acre for the place appears to me to be quite 
under the value — for indeed the nett profits considerably exceed the interest 
of that money — and in a growing country the gradual rise of lands should 
make this a sufficient consideration. M"'. Cain returns to the Estate one year 
with another upwards of £200. doll^ at 6/ — In the year '96 he supposes 
that he returned £250 — in the present year will probably return £350 — 
The am*, varies as Tobacco & provisions vary — He produces one year with 
another after deducting his seventh part and expenses — 7000 fb^ of Tobacco, 
from 50 to 100 bis Corn, 150 or 60 bushl Wh'. 3 or 4.000 rb^ of pork some- 
times 5,000 — some oats &c — I could procure an exact account from his 
books of all he has produced upon the place ; but this might be inconsistent 
with that delicacy with which you would rely on Gen'. Jones, and if so we will 
think no more of it. I suppose I must be exceedingly cautious in what I say 
of this Estate when at the General's — 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 13 

But I have something further to communicate to you which I consider 
as materially affecting this Estate. Enquiring, as has been my custom in 
passing thro' the different towns on my route, of the advantages of this place 
and improvements that might be made &c, I learned that a bill is now before 
the Legislature of this State for laying out and establishing a town in this place 
to be called Belville. and as soon as this is passed another will be presented 
for the opening of the Meherran River from the Bridge at this place to meet 
the navigation at Murfreesborough. Instead of land carriage 45 miles to 
Petersburgh thro' very heavy roads — the produce of the place may then be 
taken by water to Albemarle Sound. In confidence of this the representative 
from this place has given 130 doll', for a cf. acre lot with a trifling building 
on it worth 50 doll' — Another lot a little larger with a building about as 
valuable will be sold for 200 doll', and in expectation of this one of the gen- 
tlemen concerned in the speculation wishes very much to purchase about two 
hundred acres of M"''. Edwards' Estate lying immediately on the River — he 
offered 20/. but I find from his own ace'. [th]at he values it much higher — 
The Gentleman who offered to purchase the Estate some time ago at 20/. is 
to be one of the Company for opening the River and I suppose waits the event 
of this business before he concludes the bargain — but Sir would it not be 
proper for M". Edwards to wait a little herself? Owners of land here are 
very sanguine in their expectations and think their property will take a very 
great rise — M''. Pickett I believe has had leave to sell the land for 20/. I 
shall take the liberty to acquaint him with this intended speculation and request 
him to wait a short time for further advice from M". Edwards — • If I err 
in this — you must excuse me — My best respects await the family and with 

Affect*, regard 
I am Sir 

Your friend 
& humb. Serv'. 
Rob'. Ogden Jun"'. 

P. S. My horse proves to be a very good one, very handsome & gay but 
perfectly gentle, an excellent saddle horse and performing well in the sulky. 
I do not know whether I ought not to have furnished myself with a horse and 
sulky as necessary to qualify myself for the business I undertook, and charge 
pnly the expenses of my horse while engaged in the business — If so, you will 
please to consider me in advance of salary — 

Yours &c 

R. O. ]' 

[Addressed :] David A. Ogden Esq'' 
Counsel^, at Law 
New York 



14 THE NEW YORK PUBLIC LIBRARY 

Robert Ogden, Jr. to David A. Ogden. 

Halifax X C. Dec^ 19"' 1797 

My dear Sir 

I arrived at Gen'. Jones's seat the evening before the last. After losing 
myself among the neighbouring Pines and wandering in the dark till I luckily 
found a poor hut (discovering it by the barking of a dog ill-natured in him. 
but happy — for me) where I hired a guide to the GenP — It was half past 
seven when I arrived. Stepping up to the door I gave a gentle tap — a confused 
running was instantly heard — the voices of myself and guide were over- 
heard — A person came to the door I belie\e it was M". Jones the Gen', 
happening to be from home. Who's there — friend. Who are you — 
friend — What are your names. My name is Ogden Ma'am ( and a very 
good name it was to me at this time) I bring letters to M'. Jones from Mess". 
Le Roy and Bayard of New York — here a short silence ensued, the runnuig 
was again heard. They thought I was the very M"". Ogden who had married 
Miss Edwards, and presently the door was opened by a young lad — the 
grandson of M''. Jones, with the sword in his hand which in the first fright 
of the family, he had taken up — I entered, was very sorry for the alarm 
I had occasioned, explained the cause of my late arrival — and was very politely 
treated. M"". Jones was at Halifax with his son in law Judge Sitgreaves who 
was dangerously ill. The next day M". Jones and daughter went on to Halifax 
and I accompanied them, we found Judge Sitgreaves fast recovering — I 
here became acquainted with Gen'. Jones — he is certainly a very worthy 
man and has sincerely a very great regard for the family in whose business 
I am embarked. I am under obligations to him for his kindness to me. Col 
Davie is not at home and will not be till the IS"" of next month. I go on to day 
towards Newbern where I shall see M''. Smith — procure as much informa- 
tion as I can of the several debtors their situation &c and have the business 
placed in such a train of expedition as M''. Smith may advise or its nature 
will admit, and about the 15"' Jan^. see Col. Davie — I find from the opinion 
of Gen'. Jones and Judge Sitgreaves that this Actual Insolvency which the 
Gen'. Agent thinks necessary must be proved by record, suits must be com- 
menced prosecuted to Judgm'. and a return of Nulla bona made. I must 
be advised in regard to this particular. I suppose I may be directed herein by 
the Counsel of Col. Davie or M"^. N. Smith. Pray how long will the Com- 
missioners sit? I am afraid they will rise before all this can he completed — 
With best respects to the family 

I am D^ Sir Very Affect'-' 

Your humb. Serv' 

Rob'. Ogden Jun^ 

David A. Ogden Esq^ 
N York 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 15 

David A. Ogden to Robert Ogden, Jr. 

D-^sir 

Your several favors written at Richmond Hicks ford and Halifax have 
been duly received, permit me to thank you for your Attention to the Business 
of M''^ Edwards and the Information You have Communicated with respect 
to the Value of the Estate in Virginia — Since the Receipt of Your Letter 
we have Received an offer for the Plantation of 10000 Dollars — 76 Cash, 
the Residue to be paid in one year, the punctual payment of which to be 
secured by a Deposit of Continental Securities — This offer we have agreed 
to accept notwithstanding the favorable Account you give of the probable 
rise of the property, under the impression, that it is better to sell for 10,000 
DolP on the above Terms, than 15,000 on a Credit — 

I have Inclosed you a Copy of a Letter this day Received from M^ Smith, 
if his information & opinion is Correct, which I am Induced to think is the 
Case. You had better pursue the directions contained in this Letter — You 
will however recollect that the stat. of Limitations does not destroy the Debt 
but merely the Remedy — Therefore whenever a Debtor by assuming the 
Debt, promising a settlement or payment takes it out of the stat. of Limita- 
tions — • I am led to think in Case of the Insolvency of such Debtor the United 
States would be Liable to pay — 

You will Receive a bond Inclosed due the Estate of M"". Edwards, from 
the Exc". of Jacob Blount dec*^. M". Edwards took out Letters of Adminis- 
tration on the Estate of her Husband in North Carolina, it is my wish that 
you write the Ex", and if they refuse payment put the bond in suit — 

I am preparing to leave this place for Albany, and have not leisure to write 
you as fully as I Could wish, on my return to New York I shall Expect Letters 
from you. when I will devote the first spare Hour in a Reply — 

New York ^ Yours &c 

Jany. 10"' 1798 ] David A Ogden 

Rob'. Ogden Jun'. Esqr. 



Robert Ogden, Jr. to David A. Ogden. 

Halifax (N C) Jan^- 24"> 1798 
My dear Sir — 

Since writing to you last I have been on New Bern — advertised, obtained 
information of most of the debtors and have applied to some of them particu- 
larly those owing to the largest am'. Blacklege & Singleton alledge that they 
are Insolvent — but will oppose no obstacles to our claim provided they are 
not to be distressed thereby or in other words if a return of the Marshall of 
nulla bona on the scire facias will be a sufficient proof of Insolvency without 
obliging them to be imprisoned on the Ca : Sa : and swear out. Gen'. Davie 
whom I have at length seen is not able to give a positive opinion in regard to 



16 THE NEW YORK PUBLIC LIBRARY 

this particular and I have therefore addressed the question with some others 
depending also perhaps on the rules of the Commissioners to M"". Smith in 
Philad" — M^ Singleton talks of being able to defeat the Interest on the debts 
due from him by a tender to M"'. Cornell when in this Country, and also the 
claim for rent. I will learn the precise objection in respect to this last particu- 
lar and state it to you in my next with the validity we think it bears — At 
any rate it will be of the highest consequence that we be not obliged to bring a 
personal distress upon these men. I have not yet been able to obtain a \ iew of 
the papers and Acc'^ of David Barron's Estate or do any thing therein — but 
shall renew my application to the representatives immediately on my return 
and shall persist until I accomplish something — 

In some few cases of small sums I have had a promise of payment without 
suit, but I imagine little will be paid but after process of law — In regard to 
t^e smaller sums or sums under 500 doll"^ — Gen'. Davie thinks they may with- 
out doubt be recovered in the State Courts — of this you had better write to 
him — • and as to those barred by the Statute of limitations M^ Blacklege thinks 
he would be able to renew the most of them — it would be expedient perhaps 
to employ him for this purpose — a great am', of the debts is in their situation. 

Gen'. Davie wonders why these debts have not been sued for sooner — 
in a few years they would probably be lost from length of time merely. He 
fears it will be difficult to prove any other legal impediments than the Acts 
of Assembly of confiscation. And the Case of Hamilton vs Eaton seems to 
show that notwithstanding those Acts a recovery could have been had — We 
shall be obliged to rely he thinks on these Acts and others from time to time 
claiming the debts due to British Creditors as the property of the State, and 
the general received opinion that they were therefore not recoverable. I have 
mentioned this also in my letter to M"". Smith. Gen'. Davie will give me his 
opinion in regard to the real estate hereafter. I have been up to Mount Gal- 
lant to see Gen'. Jones — and get what money he had on Ace', of Stanleys estate. 
I found he had none — he paid the last money due, by bills of Turner & 
Cutting sent by Post. I will give you in my next an Ace', of the rec'^. & 
paym'^. as appearing on his books. I am very much pleased with the Gen'. 
— find he has a very great regard for the family of M"'. Cornell — M\ 
Smith has disappointed me in the money I expected from him. has however 
written to Gen'. Davie and assured him 200 doll^ on the first of March next — 
This sum when paid must answer at any rate till we see how we are to succeed. 
I sh''. think indeed that his Costs w''. make it enough — but he will not think 
so perhaps — 

I am Sir with greatest regard 

Yours &c 
Rob'. Ogden Jun''. 

I go immediately to New Bern, please to direct your letters there. 

[Addressed :] David A. Ogden Esq'' 
New York 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 17 

Robert Ogden, Jr. to David A. Ogden. 

New Bern Febr^ 22<^ 1798 — 

Dear Sir — ■ 

Your letter of the 10"' of Jan^ last I have this week received — I have 
here given you an Ace', of Gen'. Jones' rec*^ of monies on Stanley's bond and 
his payments of the same — as transcribed from his books — The bond of 
M". Edwards enclosed in your letter shall be attended to without delay — ■ 
Your idea expressed in your letter of a new assumption, as taking a simple 
contract debt out of the Stat, of Limit, and therefore in case of Insolvency 
grounding the claim ag**' the United States — is without doubt, correct — 
but where is our remedy where the debtors are solvent and will not commit 
themselves on any new promise, or acknowlegement of the debt? Pray 
read M''. Smith's Gen', letter of Instructions again and tell me if he does not 
suppose the loss of legal remedy from lapse of time, one of the grounds of our 
claims ag^'. the United States — but then, how can this be reconciled to his 
particular directions to me, to obtain new promises &c and bring suits upon 
them. Gen'. Davie has this doubt, as well as myself — In regard to our 
claim ag*'. the Estate of David Barron, the representatives will not I believe 
oppose to us any obstacles or delay in establishing the same. I am advised to 
proceed ag^'. them in chanc''. — and have their books &c produced — These 
I have been able at last, to see — they will no doubt prove a balance in our 
favor very considerable. I have been lucky enough to obtain the balances on 
all the Gen'. Acc'^ except the one of profit and loss — which till this moment 
did not occur to me. I will take the first opportunity of ascertaining this — 
I can easily effect it — I fear there will finally be deficiencies in the proof of 
our Ace'. These I will inform you of particularly in my next — first con- 
sulting my Counsel hereon — M"'. Barron's Estate will not be solvent to 
the Am', of our balance ag^'. it — Indeed the representatives tell me — there 
are suits already brought on bonds, which must take the whole — In this 
Case I shall meet with less opposition — With best respects to the family 

I am Sir Your humb. Serv'. 

Rob'. Ogden lun"^ — 



Mess"'*. Le Roy and Bayard in Ace', with Allen Jones — C"" 

Doll^ Cents 

By Am', of the Judjm'. ag^'. Estate of J. Stanley dec''. ^ . ^„q __ 

obtained in — 1792 — ^ J 

— Int*'. to Jany. 1796— ' 333. 52 



D^ 1723. 29 
[Carried fonvard, D' 1723. 29] 



18 THE NEW YORK PUBLIC LIBRARY 

[BroiigJit forzvard. D'' 1723. 29] 

To payni'. then made by bills of Turner and Dexereaux 1 — „ 
sent bv Post 



bal. due 953. 29 
Int=^'. to June P'. 1796 23. 80 



O 977. 9 



To pavm'. then made bv bills ot Turner and Cuttm" 1 r.-- 
, T> ' I- 9// 

sent bv rost 



by Bal. due C^ .9 



[Addressed :] David A. Ogden Esq"". 
New York 



RoBERT Ogden. Jr. to David A. Ogden. 

New Bern (N C) March 15"' 1798 — 

Dear Sir 

Your letter of the 20"' Feb^ last I have this evening received — I per- 
ceive you had not then gotten my last letter in which I believe I acknowleged 
the receipt of yours which enclosed the bond of Jacob Blount to M"'. 
Edwards — It was indeed with the greatest sorrow and regret that I saw in 
a New Jerse}' paper an account of the death of your worthy father — Per- 
mit me to console with you in this affliction — Your philosophy and your 
religion will undoubtedly lead you to compose your mind with becoming 
resignation — I have nothing at this time of particular importance to com- 
municate — • The Circuit Court not being to be held till June ne.xt the 
commencement of any actions has been postponed by the advice of Gen'. 
Davie until after the sitting of the Superior Court in this County, 
which will be on the 19"". of this month — when I shall have acquired all 
the necessary information — and shall again have an opportunity of con- 
ferring with Gen'. Davie — The business will then be prosecuted without 
delay — Many of the debtors have promised not to prevent my obtaining 
judgment as soon as the course of the Court will permit. You mention in 
your letter that the 18 months allowed for the receiving of claims will soon 
expire — pray tell me how soon or in other words from what date these 18 
months began to run ? how long the Commissioners have yet to sit — and 
whether the time for receiving claims could not be opened if we should find 
the situation of our claim to require it? I wrote to M''. Smith the 26"". Jan^. 
last — stating this and some other important enquiries in regard to doubts 
which occurred to Gen'. Davie as well as myself — I hope yet to receive his 
answer — 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST I9 

I do not apprehend much difficulty from Blacklege and Singleton — 
having gotten them I believe pretty well disposed — nor do I expect any great 
opposition from Barron's representatives I have established myself on a 
good footing with this family — and by the exercise of a little gallantry, which 
I will hereafter amuse you in explaining, I flatter myself I have conciliated their 
favor — I soon obtained a sight of their papers and books and took an Ace', 
of the balances in all the gen". Acc'^ except that of profit and loss which 
escaped my notice not being myself a merchant - — My Atf. told me I had 
been more fortunate than he expected — I have since however obtained the 
balance on the Ace', of profit and loss — We shall proceed on this claim 
immediately — the action must be in chanc^. and a bill filed for production of 
papers &c but admitting Sir that we meet with no opposition here, our claims 
must be proved — and I fear we shall not have proof for all our charges — 
The two first charges which are for M"'. Cornell's half of the Stock may 
perhaps be supported by the articles of copartnership — as these state that the 
parties had put 2593 £ St^ into joint Stock under the management of Barron 
— and as Barron received it he must no doubt be accountable — In regard to 
the chargs respecting the balance of Cruger & Mallard — the am', of this 
balance may indeed be ascertained from the books in the possession of M''. 
Barrens representatives — tho' this am', does not appear to be quite so great 
as we have stated it — and to prove the payment of this we have only a letter 
of M^ Cornell to Cruger & C". promising to pay &c — This letter seems to 
be only an original draught to which the signature was not completed and 
whether a copy was ever made out and sent does not appear — I find no 
acknowlegement of its receipt — - It is true we have a number of Acc'^. ren- 
dered — but none carry any receipt — the bonds payable to Gilson and C° — 
being in the possession of M''. Cornell's representatives with a general receipt 
indorsed, is presumptive proof to be sure that they were satisfied by M''. Cornell 
or his representatives — and without proof to the contrary will perhaps 
suffice — Of the other charges I find no evidence — Why should the 
credit of £345. .13-7 St^ which it seems was in part of the bonds be again 
charged to Barron after he had been previously debited with the full Am' 
of the bonds ? In regard to the am', of profits of the copartnership — we have 
proof only of the first year's — ■ from, a statement in our possession probably 
made out by M*". Barron in pursuance of the articles of copartnership, which 
statement, by the way, perfectly agrees with one for the same period, among 
the papers of M"". Barron's Estate — for the remainder of the time — I 
fear we shall be obliged to rely on presumption taking into view the increase 
of stock and probable extension of business &c — The Ace', of profit 
& loss — on the books — from 15"'. June 1774 to 9"'. Ap'. 1778 — carries 
such a trifling lialance that I suspect it will not shew the whole am', of the 
profits — this balance being only £9 19.0.. 5 — I feel that I am no merchant 
— ■ but I should indeed suppose that this Ace', if accurately kept ought to 
shew the whole Am', of the gains of the trade — However, we shall know 
something more about this business when we receive their answer to our bill. 



20 THE NEW YORK PUBLIC LIBRARY 

and come to investigate the books and papers more particularly — what 
deficiency of proof then appears; I will immediately state to you^ — 

I have found one honest debtor — who has paid me the am', of 
his debt — 107)4 doll^ after deducting six y" Int^'. which deduction I am told 
the Courts will insist on, on Ace', of the war- — I shall obtain a decision in 
regard to this point in some amicable suit before I proceed further, the record 
of which will probably oblige the Commissioners to allow us for the same — 
Of this money — I have paid 60 doll* to my Att^. and Counsel in New Bern — 
It will be necessary perhaps to give him something more — not however till 
further services are rendered and more money is received — I have thought 
it proper to give him an expectation in the mean time, of some addition to this 
fee — I shall probably add 40 doll* — and if we should succeed well 1 must 
take your advice whether any and what further fees will be proper to be 
given. I did indeed think that 200 doll* to Gen'. Davie was enough — It 
is disagreeable for me to be obliged to use a discretion in regard to this 
matter — I will let you know what expectations the custom & practice of 
the Country authorize and pray your directions- — In the claim ag*'. the 
Estate of Davis I have obtained sufficient acknowlegement to take it out of 
the Stat, of Lim* and believe I have done the same in the claim ag*'. Hatch 
& Bryan, the first of these is for a sum above 500 doll* — the other above 
£ 100 — I must close my letter or I shall be too late for this week's post — 
With esteem & respect 



[Addressed ij David A. Ogden Esq'' — 
New York 



Your friend &c 
Rob'. Ogden Jun''. 



Robert Ogden, Jr. to David A. Ogden. 

Ap'. 4"'. 1798 — 
D-- Sir 

Applications have been made for the purchase of M''*. Edwards house in 
this town and the lots adjoining — also of the single lot near the Court 
house — M'". Smith does not consider himself sufficiently authorised to 
sell — • at his own discretion and waits for further direction Erom all I 
can learn the house and its lots are worth 4,000 doll* and from their remote 
situation from the center of business could not perhaps be sold for much 
more. The lot near the Court house is thought to be worth 700 or 750 doll*. — 
indeed 400 doll*, have been once offered for the half of it and the remainder 
w''. soon perhaps sell as well. If Af*. Edwards inclines to sell — it would 
perhaps be best to sell the house and the one lot on which it stands first and 
separately — the other lots would soon perhaps command an advantageous 
sale — one of them is valued very highly — would probably sell for 7 or 
800 doll* — In regard to M"^*. Edwards plantation it could now be sold for 



PAPERS OF SAMUEL CORNELL. NORTH CAROLINA LOYALIST 21 

very nearly its worth, and it is the opinion of M''. Smith and others that the 
negroes on it would yield a greater profit to their owner if hired out • — 

I am now on my way to Wilmington to see the representatives of M"". 
Strudwick and try what can be done in regard to our claim against Hortler's 
estate — it is on a protested bill of exchange and I find we have no proof 
of the necessary notice &c As the sum however is large — I have thought 
proper to make use of every effort in my power to obtain it — and shall 
indeed be glad if by any management of mine, this can be done. M'. Horter 
[sic] is said to have left some estate — I shall see the Ex^ however and if 
the estate is in such a situation as to be reputed insolvent I may succeed in 
getting the debt. We have issued several writs ret"'', to the next Circuit 
Court, and shall soon be able to issue the others for the sums cognizable in 
that Court. Several of the debtors have agreed with me to have their actions 
placed on the [docket ?] for trial immediately — and [I] believe I may assure 
you that the business of the estate will be conducted with all the expe[dition] 
its nature will admit of. I cannot detain the post any longer — and must 
bid you adieu till the next post — I am surprised that M''. Smith at Philad^. 
has not yet answered my letter from Halifax — I must communicate my 
doubts to you — - by the next post if M''. Smith does not before remove 
them — In a great hurry I am Sir with very great regard 



[Addressed :] David A. Ogden Esq^ 
New York 



Your humb. Serv*. 

Rob'. Ogden Jun''. 



Robert Ogden. Jr. to David A. Ogden. 

New Bern P'. May 1798 — 
D^ Sir — 

I send you this by Capt". Bartlet who sails tomorrow for New York — 
I am very sorry Sir — that I hear so seldom from you. It is now upwards 
of six weeks since I have received any letters — I have written three times 
I believe since that, and have waited with no little anxiety for your answers. 
As far as the principles on which the Commissioners will act, are established 
and become known it is undoubtedly proper that I should know them — • I 
have at length been able to ascertain the time limited for the receiving of 
our Claims — In looking over some files of Newspapers — I find it will 
not expire till the 29"". of Nov"", next. This has relieved me from an uneasy 
apprehension that I should not be in time with the memorial. 

I shall be able I believe to transmit you the necessary information to 
complete this, early in June next. The proofs hereof well may enough per- 
haps be forwarded as soon thereafter as they can be procured. What these 
should be, still remains to be determined. In cases where the debtor is known 
to have no property at all, and there will be a few cases of this kind, a deposi- 



22 THE NEW YORK PUBLIC LIBRARY 

tion to this effect accompanying the proof of the debt together with proof 
of Solvency in Sepf. 1783 will perhaps avail before the Commissioners — 
In such cases it seems to be the opinion of M''. Smith in his letter, the copy 
of which you sent me, that suits need not be bro't. but where the debtors 
have property to a partial and uncertain extent, I should imagine — and have 
proceeded according to this belief, that suits must be bro't, judgments obtained 
and the property taken by the Marshall as far as it will go, and the deficiency 
as proved by his return, then claimed ag^'. the United States — This however 
will require a longer time. In some cases I may by amicable adjustment obtain 
judgments in June — in others I cannot till Nov^ next — and in some I fear 
not till the term after. 

It appears to me that there are two grounds on which we may hope to 
avoid any loss from this delay — first, that the memorial may in the first 
instance perhaps be presented in the abstract reserving some unavoidable 
blanks to be filled up as soon thereafter as possible and second — that the 
Commissioners have a discretion to open and extend the limitation as circum- 
stances may require. How far this may be necessary — or whether necessary 
at all — I shall know with greater certainty at Raleigh in June next. 

I should be glad to have a copy of the memorial as already made out. 
noticing it particularly I may be better prepared with the necessary proofs to 
support it. It will also suggest to me perhaps the nature and extent of the 
oath, if any, which is to accompany it. Of this I wish to know — particularly 
how far it may contravene in regard to the am', of the debt, any admission 
of the debtor, which which [sic] he may be willing to make — or am', which 
ag^'. an Insolvent debtor may be legally proved — After all that can be 
recovered — the estate will be loser to a considerable am', from the want of 
legal proof — and from other circumstances which do not lessen the justice 
of the claim. I have other things to communicate which must be reserved 
for the Post tomorrow — Shall then give you an ace', of another small 
debt received — and of expences &c 

In haste — I am Sir 
with best respects to the family 

Your humb. Serv'. 

Rob'. Ogden Jun^ 
David A. Ogden Esq"' — 

In regard to our claims ag^'. Blackledge and Singleton, the first is Insol- 
vent without doubt. — the other has property to a considerable am', and 
feels himself obliged therefore to lessen the claim as much as possible. 1 
fear it will be in his power to do it to a great degree — the tender he will no 
doubt prove in some way or other, and unless we can shew a demand and 
refusal since, it must stop the interest — As to the rent — the lease was 
indeed before the confiscation of the property took effect — but this at any 
rate can only save the intervening time — which is one y^ nearly — The 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 23 

rent is claimed on a sealed agreement signed by B & S — reciting that they 
had "hired and rented" &c. The question here is — can this instrument 
work an estoppel in the same way as an Indenture does distinguished from a 
deed poll? — see in Espinasse — It has been decided in this County on a 
bond for rent that the Issue might shew no enjoyment under the lease &c. 
The doubt therefore which must here occur — added to the consideration of 
its being due to one of the daughters of M''. Cornell makes this part of 
the claim rather uncertain and should I succeed ag^'. M^ Singleton his property 
is so covered that it will be impossible perhaps for me to get at it, and will yet 
be under such suspicious circumstances as being afterwards represented will 
endanger our claim ag'". the United States. On the whole then, it may be 
prudent enough to take a Judgment for the whole ag^'. Blacklege who will be 
found insolvent without doubt and is perfectly willing to bear all — to save 
appearances I may take a judgment ag*". Singleton to some certain am'., which 
will be between us — he tells his friends that he dislikes to have a Ca : Sa 
always hanging over him - — and that he will make an effort to pay what I 
can prove ag*'. him. No person knows anything in regard to the am', due 
from each or either — and their interest and ours is the same in this respect — 
The business might therefore be safely managed in this way so as to get the 
whole of our demand. I believe it would be honestly done, if I thought 
otherwise I should be sorry to attempt it. if you think otherwise I shall 
certainly forbear, and therefore proceed in such a manner as to leave it in 
my power to act as you should nevertheless think safest and may immediately 
advise — It will be necessary for you to put aside the copies of the bonds &c 
ag^'. these debtors, that they may not for any purpose go forward — I rely 
on your candid representation of the oath to be taken &c — Should Capt". 
Bartlett arrive soon. I may receive your letter before June — pray direct a 
duplicate to Raleigh — 

Yours &c 
R. Ogden — 

[Addressed:! David A. Ogden Esq'' — 

No 68 Broadway 

New York 
The fav"". of 

Capt". Bartlett — 



Robert Ogden, Jr. to David A. Ogden. 

New Bern 2'^. May 1798 — 
Dear Sir — 

Another mail this evening arrives without any letter for me — Your 
letter of the 20"'. Feb^. is the last I have received. I have written several 
letters since that time — As far as the principles of the Commissioners are 
established and become known it will be necessary for me to know them — 



24 THE NEW YORK PUBLIC LIBRARY 

In June next I expect to have many principles established — particularly in 
regard to the Stat, of limitations — and an abatement of six years interest on 
account of the war. the first of which I must know before I can with safety 
bring actions on open accounts — and the other before I can with safety receive 
monies and make such abatement. I expected to have had a decision on these 
points from the Superior Court of the State — but have been unavoidably 
prevented — 

M''. Blacklege has a list from me of debtors on simple contracts and will 
exert himself in getting new promises or acknowlegements — It will not 
perhaps be prudent to risk any actions on these debts (excepting such as 
Blacklege may secure) until after a decision on the principle — For the 
debts under seal and below 500 doll^ suits will be prosecuted in the Superior 
and County Courts — according to the sums cognizable. 

You observed that care must be taken here that the debtors are sol- 
vent. Where they are entirely insolvent, having no property at all. it may 
not be necessary or proper to bring suit, but where there is property to a 
partial and uncertain extent — will not the claim for the deficiency as proved 
by the return of the officer on the execution — be the same as if the proceed- 
ings had been in the Circuit Court? 

Immediately after the term at Raleigh I shall be able to write you more 
fully and satisfactorily on the situation of the estate — I shall there see 
Gen'. Davie for the second time, and shall see what steps have been taken 
by others on similar claims — I shall there see men from all parts of the 
State, and from these may acquire all the information that is yet wanting. 
I shall then be able without doubt to furnish the materials to complete 
the memorial as required — that is, if they can be furnished before the suits 
brought are prosecuted to execution. In regard to this — I have expressed 
myself more fully in my letter of yesterday sent by Capt". Bartlett. 

I wish you to consider how far the circumstance of Jacob Blount being 
named Ex'', in the will but having never qualified — will affect our claims ag^'. 
his estate. This will be urged against us — The time I have for this letter 
will soon e.xpire — I will therefore finish it with an ace', of monies received 
and of expences — I wrote you I believe Sir of the money rec"*. of Adam 
Tooley and of the manner in which I settled that debt. Since which I have 
rec''. 25 doll^ 47^ Cents being the am', due after deducting 6 ^'■^ Interest on 
note of John Taylor — • you will observe the credit of 8 '''^ Turpentine at 15/ — 
soon after the date of the note — which was overlooked in the calculation 
made in New York — Also 50 dolP on note of Christopher Rispess — 

I mentioned before of my paying Thom^. Badger Esq"", for Counsel and 
services retained — 60 doll^ — since which I found it necessary to add 40 dolls — 
In the absence of Gen'. Davie, at a time when advice and assistance was most 
wanted — and M". Badger engaged in much business — I found I had not 
sufficiently interested him — the addition I thought was proper and timely — 

My expences. merely such as would be chargeable in coming to this 
place — and afterw'^^ going to Halifax, Wilmington, Washington &c to 
this day, am', to 95 doll^ My expences for board and housekeeping, (exclu- 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 25 

sive of washing which belongs very properly to my private ace'.) will be at 
the rate of 20 dolP. the month or 240 doll^ a year — I am very particular 
in keeping an exact ace', of every shilling expended, and for what purpose — 
I shall have it in my power without doubt to afford satisfaction in this 
respect — It may perhaps be proper that I should give you an ace', at stated 
periods — setting forth particularly the items of expence &c — 1 send this 
by the Post — Shall have a private opportunity of writing tomorrow which 
I will not omit. With best respects to the family — 

I am Sir Your humb. Serv'. 

Rob'. Ogden Jun"". 
[Addressed :] David A. Ogden Esq'" — 

New York 
D"". Osborn will 
please to lodge 
this in the post 
office to be for- 
warded — in case 
he makes any stop 
in his journey to New York — 



Robert Ogden, Jr. to David A. Ogden. 

New Bern 4'\ May 1798 — 
Dear Sir 

My letters of the P'. and 2'^. Inst'. I hope you have received — It 
was hardly supposed that I should be six months in the Country and not be 
able to collect 200 doll^ on the debts of M"". Cornell — but so it is — the am', 
of monies rec"^. you had in my last — by which it appears, that public notice 
and personal requests are not quite so good as the power of a Fi : fa : would 
probably be to induce the payment of old debts — I hope however to get 
enough to keep the business in progress — With so many bonds &c I should 
be sorry indeed to draw for more money than has been already advanced — 
it shall not be done — M"". Sparrow has promised to take up his note some 
time this month — The heirs of George Bell also are going to discharge 
that debt without suit — • and have promised to make me up 100 doll^ or more 
before June. On their paying a proper part of the debt — and giving good 
security for the rest in a reasonable time — it may be proper to stay proceed- 
ings ag*'. them — I shall act with the greatest care [ ] these cases — and 
where the United States may be liable in whole or in part shall do nothing 
that may release them — The more I consider of the Stat, of limitations — 
the more I fear its operation — You have never averted to the short period 
fixed in this State I am afraid — ■ It is only 3 y" where under our laws it 
is 6 — So that most of the debts resting on notes unsealed &c were barred 
before M^ Cornell's death — In regard to Insolvents two questions 



26 THE XEW YORK PUBLIC LIBRARY 

will occur — which I need only state — whether a new promise will revive 
the debt ag^'. the United States (I believe you think it will) — and whether, 
when the debtor is gone to parts unknown or dead and left no representatives 
to make such promise &c, the United States would admit proof of a claim 
which had been barred and not revived — for myself I should think they 
ought — as a Court of law is not supposed to be obliged to take notice of this 
Stat, as they are of others that are general — 

If the operation of the Statute should in these Courts be prevented — • 
how am I to prove the debts claimed on book Ace'. — It may then be neces- 
sary to have the books — Of this however hereafter — I wish you to look 
Sir • — • if there are any credits to W". Orme on the books • — It is on his part 
indeed to shew them — I imagine however that he is mistaking, and I should 
like to have it in my power to satisfy him — I believe I have communicated 
my doubt how to proceed where the Debtor is known to be in an other State. 
In regard to John Jones in particular — he is in Philad^ and solvent — The 
Case of these British debts as they are called — being siii generis, and in a 
great degree referred to the discretion of Commissioners — questions arise 
which the lawyers here are backward in deciding. Shall write by the next 
Post what further occurs — And am Sir. with best respects to the familv 

Your humb. Serv'. 

Rob'. Ogden Jun''. 
David A. Ogden Esq"' — 



Robert Ogden, Jr. to David A. Ogden. 

New Bern 17"'. :\Iay 1798 — 
Dear Sir 

Since my last letter, I have seen Gen'. Eaton who will settle his bond 
without suit subject to the decision of the Court in regard to the am', of 
Interest. He has promised me a payment perhaps of 200 dolP. before the first 
of June. He is perfectly solvent and an amicable settlement is in this instance 
to be preferred — William Orme will also settle his bond without suit — the 
greater part of the debt to be paid in Dec'', next — and the rem'', secured to be 
paid in June following — In these two instances there can be no danger in this 
proceeding — I shall however in all such cases endeavour to guard against 
any delay, or a discharge of the United States which might thereby be occa- 
sioned — I shall also get from M'' Singleton the Am', of the debt due from 
Richard Blacklege Sen^ in a few weeks — So that I hope before long to be 
able to remit you at least to the am', of money advanced — It is now a \ery 
long time since I have received any letters from you — Your answer to mv 
letter by Capt". Bartlett I shall be obliged to anticipate, and supposing you to 
be willing that our claims ag*". Blacklege & Singleton should be so aH justed as 
best to promote our recovery I shall make the arrangement suggested to you 
in that letter — subject however to any correction that may yet appear to be 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 27 

necessary — There can be nothing here to prevent its complete success — 
the prudence of persons interested may be reHed on — and unless there should 
be something in the close of the business and in the presenting over of the claims 
to contravene my present impression I should think I had done no more than 
availed myself of the only practicable way of obtaining a just debt — my 
reasons for this last particular, in my letter before referred to — If this letter 
reaches you, it will suggest to you the propriety of sending me copies of the 
letters you may have written since February 2P' • — mentioning also, the letters 
you have rec** — I fear our letters are intercepted — I have hopes however 
that the next Post will remove my anxiety in this respect. 

I am Sir 
with greatest regard 

Your humb. Serv'. 

Rob'. Ogden ]■• — 

[Addressed ij David A. Ogden Esquire 
New York 



Robert Ogden, Jr. to David A. Ogden. 

New Bern June 2P'. 1798 — 
Dear Sir — 

Your letters of the 20"'. & 3P'. ultimo have been duly received — also the 
two pamphlets accompanying the latter. I hasten to make you by the returning 
post an answer to the same. Your opinion and reasoning in regard to the 
operation of the Stat, of limitatl I think very correct. I had before entreated 
my Counsel in New Bern M''. Badger to urge this opinion in the Sup'. O. of 
this State and to strive for a fav'''^ decision notwithstand^. the received 
opinions to the contrary — I had written to Gen'. Davie to have this question 
and the one in regard to the abatem'. of Int^'. settled at the last Sup''. O. for the 
district of Halifax — for the want of a full bench this was not then done. The 
points we wish to establish in regard to these two particulars shall be strenu- 
ously urged at the next Sup'. O. for this district — and in regard to the first 
— in the Circ'. O. also ; it being yet undecided there. In the meantime we shall 
without doubt be apprised of the determinations of the Commissioners in these 
respects. It is unfortunate that we should be so long left in the dark in regard 
to the principles which are to govern the Commissioners in their deecisions — 
I am glad however to hear that the reasoning of M'. Smith is likely to be acceded 
to. It is certainly very just and ingenious — In regard to the decisions which 
have been had in the C'^ of N C. on British claims — Personal bonds the 
Circ'. C. has determined that Int^'. sh"^. not be recov"^. beyond the penalty — 
and in this M'. Hamilton and others have acquiesced — This decision is 
certainly contrary to law, and unless the Commissioners will probably allow 
the remainder of the Int". an appeal in my opinion should be taken — M'. 



28 THE NEW YORK PUBLIC LIBRARY 

Smith in his reply seems however to urge that such a delay was not contem- 
plated in the Treaty and I hope his idea may be embraced by the Commis- 
sioners — On single bills and sealed notes the same Court has directed the 
Jury to find the whole am', of Int*'. The Juries however have made 6 y". 
abatement to wit from July v6 — to July '82 notwithstanding — 

In the Sup"'. C. at Halifax the C and Jury have both agreed in making 
this abatement, and further that on notes pay*"'^. on demand no int^'. shall be 
recov'''^ till after demand made — The money is also scaled in all the C'^. 
according to the Act ascertaining the depreciation &c — As to our claims 
ag^'. Blacklege and Singleton I believe that we cannot well make any amicable 
adjustm'. — The utmost prudence sh''. certainly be observed — You will 
observe that the greatest part of the claim rests on an unsealed note — and 
may easily conceive how desirable a favorable settlement appeared to be. 
I hope yet however to have this business placed in a proper train to succeed 
at law. An acknowleg'. I hope may be had. 

I am sorry to inform you of the inexctisable delays of the ^larshall of 
this State & his deputies. They are universally complained of — I cannot 
expect to have obtained judgm'. on all our claims till June next. I shall then 
without doubt have the debts sufficiently ascertained and secured — I am 
happy that in a business of so much difficulty and importance I have not yet 
committed myself on any fatal error or neglect, and think I may safely assure 
you that the strictest and best regard shall be had for the Interest of the 
Estate — My integrity is at this day my only dependence — The memor'. 
in time. 



Yours &c Rob'. Ogden J'' 



[Addressed :] David A. Ogden Esq'' — 
New York 



Robert Ogden, Jr. to D,\vid A. Ogden. 

New Bern P'. Aug''. 1798 — 
David A. Ogden Esq' — 

My dear Sir. 

Enclosed you have a schedule of the debts due the Estate of M'. Cornell 
in which I have endeavoured so to arrange them as to shew at once the several 
grounds on which our claims against the United States may be substantiated — 
It will be remarked that in regard to the same debt we may in many cases claim 
compensation from the United States on different principles — Either the 
voucher may be such as to be rejected by the Courts in North Carolina tho' 
evidently against the Treaty of '83 — or the debtor in the same case may 
have become Insolvent or removed to places unknown or is dead and his estate 
dispersed so that nothing can be recovered, or further our claim on the same 
debt may still be good for the am', of Interest deducted or which would be 
deducted according to the decisions of the Courts and the loss arising from 



PAPERS OF SAMUEL CORNELL. NORTH CAROLINA LOYALIST 29 

depreciation of Currency. I have thought it proper therefore to present the 
claims in such a view as to shew the several grounds of compensation on 
which each may be placed — leaving otir recovery to depend on the establish- 
ment of principles by the Commissioners and such proofs as we may be able 
to apply to the several cases. As to those debts on which a recovery to the 
full amount cannot be relied upon with any certainty — it is no doubt necessary 
that these should be stated in such a manner as to leave open any further 
claims which may arise thereon — 

You are doubtless surprised that I have not discharged my duty in this 
particular long before — It was my wish to do it much sooner — but besides 
the difficulty of procuring sufficient information of the several debtors or 
their representatives I thought myself obliged to postpone this business till I 
heard further from the Commissioners — You wrote of some decisions shortly 
to take place and I have been expecting week after week to have them com- 
municated — No schedule can at this day be made out which will stand cor- 
rect. Several of the notes unsealed will no doubt be collected — and something 
may be obtained I trust on those debts which for safety are marked as debts 
due from persons Insolvent &c ■ — I shall send you Sir by the next post — a 
statement of the legal impediments which we shall be able to set forth — 
The depositions of Insolvency &c will not be wanted as soon I suppose — 
they shall be prepared in due time — 

I am D''. Sir — 
with greatest regard Your humb. Serv'. 

Robt Ogden Jun'' — 



David A. Ogden to Robert Ogden, Jk. 

Dear Sir — 

Permit me to acknowledge the Rec' of your favor of the P'. Inst. Inclos- 
ing the Schedule of the Debts &c — I have been long waiting for the 
determination of the Board in the Case of Cunningham & C°. but have not 
yet received it, the moment it is made a Copy thereof shall be sent you — 

As a full Recovery even against Solvent Debtors is impossible to be 
obtained on Account of the Deductions of Interest, in the State Courts; M"". 
Smith and the Board do not consider suits absolutely necessary, even where 
Bonds have been obtained, because if Legal Impediments to the Recovery of 
these Debts have existed, the Treaty declares the United States shall pay, it 
does not oblige the Creditor first to Resort to the Debtor, and in Case of their 
Inability to pay then to the United States — The Principal Reason at present 
for Instituting Suits is by the Verdict of a Jury or the Assessment of Damages 
by the Court to ascertain the Precise sum due, which will remedy the incon- 
venience of obtaining Proof for that purpose, and if a Recovery for a part can 
take place against the Debtor, it will lessen the Burthen of the United 
States which I am told will be enormously great — Hence if in the opinion of 



30 THE NEW YORK PUBLIC LIDRARV 

the Court of North Carolina the Statute of Limitations will by the Statutes 
of that State operate as a Bar. I would desist commencing any other suits in 
Cases of this kind altho I should think it prudent and advisable to obtain a 
determination in one of your Causes. 

The Board have determined on a Claim arising in South Carolina, that 
where Debtors were insolvent in 1775. that the Creditor is not entitled to 
Recover against the United States under the Treaty. This information will 
save you trouble in procuring Testimony in Cases of this Nature if any should 
occur — 

In presenting your Memorial &c to the Board of Commissioners, it 
will be requisite for us to obtain a Commission to examine \\^itnesses in North 
Carolina — The Names of the \\'itnesses must be particularly expressed 
Hence your next object will be to ascertain the Names of the Persons by whom 
you are to prove the different Evidences of these debts, the Solvency of the 
Debtors &c &c and send me a List thereof together with the Names of such 
Persons as you would suppose proper to be appointed as Commissioners — 

I wish you would endeavor to bring on the Claim against Singleton foi- 
Rent in the first Listance and from his Property endeavor to obtain the 
Amount as I am doubtful as to our Recovery thereof from the U. States — 
A Fi : fa. returned Nulla Bona will certainly be sufficient for us to recover 
the Residue of our Demand against the United States, proving his Solvency 
since Legal Impediments existed — You may give him indirectly to under- 
stand no Ca. sa. will be Issued against him, this may induce him to bring this 
Business to a speedy Issue — 

Be so good as to send me Copies of all the Statutes now in force in North 
Carolina which can be considered as Legal Impediments under the Treaty — • 

Will you confer with M^ Smith on the subject of the House and Lotts 
late the Property of M"'. Edwards in New Bern, it is our wish to sell particu- 
larly if any thing near the Value thereof can be obtained, you will therefore 
offer it for sale and inform me the Terms on which you can dispose of it — 
What proportion of the purchase Money can be obtained in Cash, and the 
Security proposed to be given for securing punctual payment of the Residue — 
if we accede to the Terms proposed we will send you a power of attorney to 
sell — The price we expect to obtain is about 4000 — DolP — 

Will you also make enquiry with respect to the Character of a Negro 
Man by the Name of Kit, or Cato. on the Farm near New Bern, whether he 
is Honest &c. and a good House Servant - — 

I propose visiting North Carolina in November next on the Business of 
M^ Edwards as I am informed my Personal attendance will be necessary 
to obtain some Patents for Lands belonging to the Estate of M"". Edwards. I 
do think I shall have leisure to go to New Bern but will write you previous 
thereto that you may meet me at Halifax — 

[This and the previous letter endorsed :] 

Robert Ogden's Letter 1. Aug'— 1798 
And Copy of 

Answer thereto — 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 31 

Robert Ogden, Jr. to David A. Ogden. 

New Bern August 30"'. 1798 — 

Dear Sir 

Since m}' writing to you last I ha\e seen the representatives of George 
Bell — The Ex", have passed their Acc'^. and delivered the property over 
to the guardians of the children. These were willing to discharge the debt 
without suit and promised some time ago to make the necessary arrange- 
ments for this purpose — property was to be sold and persons were ready to 
purchase and advance cash enough to make up a payment of half the debt — 
In expectation of this I lately went to Beaufort where I met all the parties 
interested. On entering upon the settlera'. I perceived that we could not agree 
in the am', of Interest to be allowed— The decisions of the Fed'. Court had 
been understood to give Int*'. only till it equalled the principal sum due — 
which is in fact all the effect of a judgment rendered for the penalty where 
no payments have been made — In this case payments have been made to 
lessen the original debt — still however the judgment must be for the penalty 
and we be at liberty to issue our Ex" — for the sum due including the whole 
Am', of Interest as I suppose, provided it be within the am', of the penalty — ■ 
It appeared also that the guardians could not sell without an order of Court — 
previous notice and on a credit of six months. I therefore thought it neces- 
sary to make the following arrangement. To get the Ex''^. to acknowlege 
service of the AI^ Cap^. and authorize their Attorney to give me a Judgm'. at 
the next term — • This will be given and the necessary proceedings imme- 
diately had to form a regular warrant for the guardians to pay forward the 
monies raised on the sales in the mean time to be made — So that all I have 
accomplished herein — is in getting the persons concerned favourably dis- 
posed and willing to concur in as speedy a settlement as can be had with 
safety to themselves and in gaining the time which the Marshall by neglecting 
to serve the writ had lost me — • 

I took the opportunity of seeing the Ex", of \\^'". Coal — at the same 
time — could not induce him to settle according to the decisions of the 
Courts — and was obliged to leave a writ with the officer for his further 
persuasion — The bond of W". Dry is secured to be paid in June next, as 
also the notes of White & Nixon — Lem'. Hatch & Hardy Bryan — & 
Ephr"". Lane in March & June next. Francis and Tho^ Sparrow have bro't 
forward a claim, which if allowed will more than balance their note, for 
money due for the building of the Ship Cornell by their father — I have 
carefully avoided admitting this claim, and will see what construction will be 
put upon the Treaty of '83 when favourable to the american citizen — Inde- 
pendently of this consideration the claim is so loose as not to satisfy one of 
the propriety of allowing it — Midi'. Beeton has honestly paid his note 
according to decisions alr[eady] had in like cases — a small sum. which is all 
that I have been able to collect this summer — so that no remittances can yet 
be expected — I am not a little surprised that the principles of the Commis- 
sioners are not yet established and made known — I have yet refrained from 



32 THE iNEW YORK PUBLIC LIBRARY 

suing on open Acc'^. tho' I am told that some other agents do sue on such 
Acc'^ You will doubtless communicate everything of importance as early as 
it occurs — Xo letters have been received for many weeks past — 

I am D''. Sir with greatest regard 

Your humb Serv'. 

Robt Ogden Jun^ 
[Addressed :] David A. Ogden Esq'' — 
New Ark 

New Jersey 

Bv the ]Mail — 



Robert Ogden. Jr. to David A. Ogden. 

New Bern Sept^ 13'". 1798 — 

Dear Sir — 

Your favor of the 16"'. Ultimo is duly received and I embrace this first 
opportunity of replying to the same — I wonder the decision in Cunning- 
ham's Case has not yet been given — a full determination of the questions 
there depending would relieve us from no inconsiderable doubt on the subject 
of our own claims — You think it prudent to desist from commencing suits 
in cases where the Stat, of lim^ may be opposed to us — I have been of this 
opinion Sir, and have only ventured to bring one Case before the Court in 
which I hope soon to obtain a decision that will determine the operation of 
the Statute — The Superior Court is to sit this next week, after which I shall 
be able to write particularly of the principles we may succeed in establishing — 
For your further satisfaction I shall then make out a statement of the Debts 
with the progress that has been made in prosecuting each &c &c — 

The evidence necessary to substantiate our claims against the United 
States shall be prepared in time — I believe it will be best to send you a copy 
of Iredells revisal of the Laws of N. C. which contains all the laws which can 
be considered as having been legal impediments — They will be found under 
the head of confiscation Acts. & limitations of actions — perhaps this book is 
in the reach of INI"'. Smith at Philad^ — if not it shall be sent without delay — 

I have not yet entered on the compromise you suggested, with Singleton — ■ 
It will be a difficult task and require some management. Gen'. Davie will be 
here the next week — with his assistance I hope to ha\e the business placed 
on such a footing as may be favourable — 

In regard to the sale of the house and lots late of M''. Edwards I 
do not understand whether the lots only that adjoin the house or all the lots 
in town are included in the valuation at 4.000 doll'* — 3600 doll^ have been 
offered by two persons for the house and lots adjoining — one half paid on 
making the title, the other payable in one year thereafter with good security — 
One of these persons hesitates making any further offer untill some one is 



PAPERS OF SAMUEL CORNELL. NORTH CAROLINA LOYALIST 33 

fully authorised to sell and make title immediately — I suppose that he would 
then advance a little nearer to the valuation There is another lot near the 
Court house, for which 600 doll^. have been offered — the money to be paid 
on making the title - — 650 could probably be obtained — 700 have been 
offered 3^ to be paid immediately the other secured to be paid in one year 
There is another back lot worth I am told 150 or 200 dolP — it is in a remote 
part of the town — I know not how to advise the sale of this property — the 
offers that have been made are somewhat below the valuation of M''. Nathan 
Smith, he is a holder of much property in town — and does not perhaps cal- 
culate as a purchaser would do — this I know — that the house and buildings 
are in very great decay — and will need a very considerable sum to be placed 
in any decent or convenient repair — The ravages of the storm and subse- 
quent neglect have made this place very different I am told from what it used 
to be — The sale of lots &c in this town is by no means good at this time — 
some have been sold and several offered for sale at prices which one would 
suppose quite under value — After all it appears to me that 4000 doll^ might 
well enough be afforded for the house and [ ] fine lots adjoining by any 

person who wanted the property for his own use and improvement — it might 
be made the handsomest seat for a gentleman of any in the town. 

The negro you enquire after will I believe from the representation that 
has been made to me, answer the purposes you contemplate, very well — 

I am at present in much better health than when in New Jersey — find 
myself perfectly safe in New Bern and on many accounts more conveniently 
situated here than I should be in the country. I shall be exceedingly happy to 
meet you at Halifax this Fall — and hope you will be able to let me know — 
the week you will be there — 

With greatest regard 
I am Sir Your humb. Serv'. 

Rob'. Ogden Jun-". 
[Addressed :] David A. Ogden Esq'' — 
New Ark 



David A. Ogden to Robert Ogden, Jr. 

Dear sir 

Permit me to acknowledge the Receipt of yours of the 13"': Ult". I 
have inclosed you herewith the deductions of Title for the several Lots we 
hold in New Bern and have referred you to the Records for any further 
particulars — I have also sent you a Memorandum with respect to some 
other Lands which belong to us, the value of which I will thank you to ascer- 
tain & to sell for Cash if you can get the value thereof 

Could you obtain for the House and Lotts adjoining the Sum of $4,000 
in Cash we would sell or could you get half in Cash and the Residue payable in 
One Year with Interest secured to be punctually paid by a Deposit of Bank 



34 THE NEW YORK PUBLIC LIBRARY 

Stock Six per Cent Stock or any Security of this kind — We have suffered 
so much by Sale on Credit that we do not like them — if this cannot be done 
write me the best Terms to be obtained — 

For the Lott by the Court house if you can get $650 in Cash you may 
sell — if that cannot be obtained 700 Dolls half Cash & to secure the residue 
with Interest the purchaser to deposit Stock as above — 

The other Town Lotts to gether with the Lands in the Country you may 
dispose off, for such Sums as you may think them worth I think they must 
be valuable or M"". Edwards would never have purchased them 

A power of Attorney shall be sent you as soon as we can get into New 
York to have it acknowledged — The fever prevents our going at present 
altho' we think it much better and hope to return in 10 or 15 days. 

Col Davie had in his Hands for prosecution several Bonds belonging to 
the Estate of M''. Edwards, I wish you to Enquire what he has done with 
respect to Collecting these Debts, a Copy of his Receipt I will forward you in 
my next Letter. 

The Commissioners have at length made a Report in Cunninghams Case 
and have determined generally in favor of the Claimants they have however 
also determined that where the Debtor was insolvent in 1775 no Claim will 
lie against the United States — 

The Report being lengthy I shall send it you by water on the return of 
Capt Bartlett or by the first good opportunity. I am clearly of opinion that 
the less Suits you commence the better, for if Suits are brought I fear we 
shall be unable to obtain a report for such Debts until after they are decided 
and an Execution &c returned & be finally troubled to recover the Interest, 
be so good as to furnish the information required in my last Letter as soon 
as possible, and write me also who would be proper persons to act as Com- 
missioners to Examine Witnesses, to prove the Execution of the several Bonds 
&c and the Solvency &c of the Debtors — as soon as this is done I will have 
them appointed be careful however that the Commissioners nominated will 
serve and attend to the Business for their Services reasonable allowance will 
be made — I have drawn out an Account against the Estate of David Barron 
deceased which I have sent for your perusal the former Account being stated 
with memorial in so informal a manner that it could not be presented in that 
Shape — could you ascertain an Acknowledgment of the fairness of this 
Demand it would be of essential Importance — 

I am doubtful whether the monies paid Gibson Donaldson & C°. by 
Le Roy & Bayard for account of David Barron's Bond due them for which M"". 
Cornell was the Security — can form a proper claim against the United 
States before the Commissioners, because paid since the peace it will how- 
ever be a good Demand against the Estate of Barron : For this amount a 
suit must be brought against the Representatives of Barron's Estate if they 
refuse payment, but could you state these Accounts in such a way that the 
payment to Gibson Donaldson & C". should appear to be made previous to 
the peace it would form a good claim against the United States This might 
be done by its appearing that M'. Cornell assumed the payment of this Debt 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 35 

previous to the war and made Barron Debtor therefore which is the manner 
I have stated it ; Could this be effected and Testimony be obtained of Barrons 
reputed Solvency since the peace I have not the least doubt but we might 
recover from the United States — without Suit against the representatives 
of Barron 

Till the Commissioners are appointed you had better avoid taking any 
Testimony in the meantime make such Enquiries as will enable You to 
procure the same without when it can be taken legally 

You can send the Laws of North Carolina by water they will arrive in 
Season — I have procured what I deem immediately necessary from the 
Extracts of those Laws which I found in the pamphlet containing the plead- 
ings in the Cause of Hamilton vs Easton — 

The Decisions made by the Commissioners induced me to feel very 
indifferent about your making any Compromize with Singleton farther than 
it respects the Demand against him for Rent — In this Business do what you 
can but your Suits against him for the other Demands delay for the present 

I do not think of leaving New York for North Carolina till the middle 
of November — previous to which I will write you more particularly and be 
enabled to ascertain the Exact period when I may promise myself the pleasure 
of meeting you at Halifax — 

The Negro Man Kit from the recommendation you have given I have 
determined to take, should a good opportunity offer you may send him by 
water, if this should not be the Case I will trouble you to bring him with you 
to Halifax and he can return with me: if he is accustomed to waiting on a 
Gentleman the mode last mentioned, I should prefer, otherwise he would be 
more trouble than profit 

You say that the Juries in North Carolina generally abate the Six Years 
Interest in the Federal Court and that the Supreme Court direct the Juries 
so to do, also that Interest cannot be recovered beyond the penalty of the 
Bond: I want you without delay to forward me certified Copies of these 
adjudications and should the Courts of North Carolina also determine that 
the Statute of Limitations will operate as a Bar, so much the better, as the 
United States will then make Compensation 

with Sentiments of unfeigned Esteem 

I am Your very hble serv' 

David A Ogden 

Newark 

October 3<*. — 1798 

Robert Ogden Jun''. Esq'': (Copy) 

P. S. I wrote you that I find arranged the Debts under different 
Heads, and had altered the Schedules you have forwarded — Copies I 
have reserved for you — 

[Endorsed :] Copy of Letter to Robert Ogden October 3^ — 1798 — 



36 THE NEW YORK PUBLIC LIBRARY 

Robert Ogdex. Jr. to David A. Ogden. 

New Bern October 4"'. 1798 — 

Dear Sir. 

The Superior Court for this district has again adjourned at an early and 
unexpected time without taking up the rule for argument causes. (It was 
this time from an alarm on account of the prevalent sickness — ) So that I 
have been again disappointed in obtaining any decisions on the questions 
I have wished — In regard howe\er to the operation of the Stat, of limita- 
tions a decision has not long ago been had in the Superior Court for the 
district of Hillsborough directly to this effect — that the Stat, shall operate 
notwithstanding the Treat}' of '83 — the record of this Cause may be obtained 
and will without doubt answer our purpose — As to the deduction of si.x 
years Interest on single bills, notes &c the decisions are many and uniform — • 
that the same must be made — I have conferred with Singleton's Counsel 
on the subject of the compromise proposed — tho' I have not yet given him 
my 'ultimatum' — At present nothing has been agreed upon — Gen'. Davie 
advises me to insist on the whole Am', due for the time until the lessee was 
evicted which we believe was two years — For the unsealed note I believe I 
can prove an acknowlegement which will apply and may perhaps be suffi- 
cient — I shall at any rate prepare the evidence and this will probably have 
an effect to produce an accommodation. Since the sitting of the Court I have 
thought it necessary to flee the danger of the present sickness and choosing 
the most convenient distance I went to Swansborough — for the salt air and 
water, from whence I have this day returned in expectation of finding your 
answer to my last letter respecting some final determinations on selling the 
property in town late of M''. Edwards dec^. and also on the subject of the 
Confiscation acts. I then suggested to you the expediency of referring for 
these to the body of laws contained in 'Iredels revisal of the laws of North 
Carolina' appearing to be 'published according to Act of Assembly' and printed 
by the State Printers — This must certainly be evidence in Philadelphia, and 
the book is without doubt there — Copies of the acts in question I have 
already taken, but these in order to be evidence should be certified by the 
Secretary of the State — and to get this done at the distance the Secretary 
now is from this place — he being at present at Hillsborough, would be attended 
with an expence which in the way proposed might well enough ])erhaps he 
avoided — 

The Answer of David Barrons heirs &c has not yet been made — nor their 
account — this they have promised to furnish me with in a few days — As 
soon as secured — it shall be sent 3'ou — The bill against them is drawn in 
the manner you wished — 

Exceedingly fatigued by my exertions to day to get into town in season 
for the returning post, (notwithstanding the misfortune of mistaking my 
road and wandering for a long time in the Pine woods — and not a little 
unwell — I am obliged here to close this letter, and excuse myself to you till 
the ne.xt week — when I shall complete the communications which I have to 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 3/ 

make — I have not till this day felt any apprehension of the sickness • — 
I am now a little alarmed by the number of deaths in the town — One young 
man with whom I have associated much — whose manner of living and whose 
temperance, were as mine, is suddenly dead — his prudence could not pre- 
serve him from the merciless fever — and I have now lost my strongest 
reliance — After all however we may not here be in so great danger as the 
citizens of New York or Philadelphia — I hope none of your friends have 
been overtaken with the fever of this season — Adieu for the present. I 
add my best wishes for your health and happiness — and Am Sir 

with greatest regard 

Your humb. Serv' — 

Rob'. Ogden Jun'' — 
David A. Ogden 
Esquire — 

P. S. 700 dolP. have since been offered for the lot near the Court 
house — the Cash to be paid on making the title — this is thought enough — 



Robert Ogden, Jr. to David A. Ogden. 

Abner Nash Sued to June term 1798 of Circ'. Court At issue 

for Nov"". Term — Satisfaction in whole or in 
part expected from Estate. 

The same 

The same 

The same 

The same 

The same 



W". Bryan &c — 
James Davis — 
James Coor — 
Levi Dawson 
Tho^ J. Emery — 
N. Godley & John 

Jurdin — 
John & W"!. Bryan 
George Bell — 
Rich''. Blacklege 

& J. Singleton - 
J. Singleton — 
John Tillman — 
Thol C. Howe • — 

David Barron — 
Rich''. Henderson 

& Leon'i. Bullock 
C. Crook & S. Lee — 
Sam'. Strudwick — 
Alex--. Hortler & C° 
William Orme — 



The same 

The same 
The same 

The same 

The same 
The same 
Bill in equity filed of June Term 1798 — of Circ'. 

Court — 
The same — 
Sued to June Term 1798 — of Circ'. Court AP. 

to Nov"-. Term — 
The same — 
The same — 
The same — 
The same 



38 



THE NEW YORK PUBLIC LIBRARY 



Beiij". Sheppard — 

Edw"*. Salter — 
Britain King 
Cason Brimon 
Tho^ Gatlin 
William Coal 
Francis Dawson 
Longfield Cox 
Thoml Stanaland 
John Daly 
Edvv''. Gatlin 
Rob'. Williams &c 
J. Campbell & Son 
L. Hatch & 

H. Bryan 
Hardy Bryan 
Christ". Rispess 
Adam Tooley 
S. White & 

R. Nixon 
F. & T. Sparrow 
Ephr". Lane 
S. Ed\v<i. & 

M. Beeton 
William Dry 
John Taylor 

& Tho^ Eaton 



Jacob Blount &c 
Edw''. Buncombe 



W" & Jesse 

Barfield 
James Hood 
Burwell Moring ) 

& James Grace \ 
Thom^. Moore 
W". Sasser 
Henry Smith 
John Sessions 
James & Jn°. Smith 
James Carmack 
William Tyer 
John Sasser — 



May be noted as sued — Judgm' 


will be given in 


Nov"'. Term — 




Sued to Nov"". Term &c as above 






Craven Ct>' 




Do 




Do 




Carteret 


Sued in the County and Sup^ 


Craven 


> Courts — and satisfaction in 


Do 


whole or in part expected — 


Jones 




Craven 




Do 


New Bern 


Dist. Sup''. Court 




Bertie 



May be noted as settled — - in part — that is to 
say — so far as the Courts of law in North 
Carolina would have enforced — 



These have not yet been sued. My Counsel have not 
determined on the chance of success — Suits 
will be immediately commenced if circum- 
stances can be collected sufficient to support 
them — Shall know this in a week or two and 
write particularly — 



Persons who live or lived in remote Counties of 
whom information has lately been obtained — 
and against whom suits are now commenc- 
ing — My Attorney is now among them — 
with directions to prosecute &c — (A few 
may settle). They may be noted however as 
sued — 



PAPERS OF SAMUEL CORNELL. NORTH CAROLINA LOYALIST 39 

The persons remaining on the list are those who have either not been 
heard of. or are insolvent or have removed to parts unknown leaving no 
estate — or whose debts rest on unsealed notes &c, against whom we have not 
ventured to bring suits — • 

New Bern Oct^ II"'. 1798 — 
MyD^ Sir — 

I have just returned from a few miles above Washington where I have 
been to see the Dep^. Marshall — I find no letters this evening from you — 
The foregoing statement is made out in haste — and will perhaps answer 
your purpose so far as to enable you to accompany the schedule with notes of 
the suits commenced &c — I shall take up my memoranda and make out a 
more particular & satisfactory statement immediately — In the mean time 
my best wishes are with you and Am 

with great reg[ards] 

Your humb. Serv^ 

Rob'. Ogden Jun^ 
This town continues 
sickly yet. not so 
much however I believe 
as to prevent my residence 
here — 

[Addressed :] David A. Ogden Esq'' — • 
New Ark 



Robert Ogden. Jr. to David A. Ogden. 

New Bern Ocf". 18'". 1798 — 
Dear Sir — 

You will herewith receive a printed copy, appearing to be evidence, of the 
Laws of North Carolina — those material to our purpose will be found in 
pages 12 — 281 — 284 — 318 — 341 — 364 — 379—425 — 452 — 

Your letters of the 29'". ultimo and 3"^. of the present month are received 
— ■ together with the deductions of title to the lots &c late of M''. Edwards — 
In regard to the amount of monies paid into the Treasury and by whom — 
this cannot be ascertained without going to the Treasurer's office at 
Raleigh — I can obtain evidence in this place of but two payments — 

March ) Bv Tames Coor on his Ace', with 



'80— S Sam'. Cornell ' ^ 218.. 10.. 

— Spyers Singleton on D° — 2556.. 13.. 3 

There are some other Accounts here of debts returned by the Commis- 
sioners as discovered due to M''. Cornell — which Acc'^ of themselves can 
be of no use to us — - 



40 THE NEW YORK PUBLIC LIBRARY 

It will be necessary for me to be at Raleigh the first week of Dec"", when 
all the information on this head that can be there procured shall be furnished 
you — It does not occur to me that any inconvenience can arise from this 
delay — as there is other evidence equally necessary which cannot be procured 
before that time — If the memorial is presented with the schedule of debts as 
made out in the abstract — let the business rest here for the present, until we can 
complete the evidence necessary to substantiate our claims on all the different 
grounds we intend to rely on — let a Commissioner or commissioners be 
appointed immediately to take such part of this evidence as is to be collected 
from witnesses &c This letter I hope will reach you in a week or ten days and 
in three or at least four weeks from this time the Commission may arrive — 
and entering on the business immediately, I may complete it in Dec"'. Francis 
Hawks Esq"', of New Bern would be a very proper person for this purpose — 
or if more than one are necessary Silas W. Arnett Esq*", of the same place 
might then be appointed also — 

Certified Copies of the adjudications of the Courts in regard to Interest 
depreciation of Currency and the operation of the Stat, of limitations shall 
be procured as soon as possible — and forwarded to you — I cannot yet 
Sir, enable you to make any further or more particular statement of the 
characters and circumstances of the debtors on the schedule — Any that 
should now be attempted would be liable to too much inaccuracy and require 
many alterations no doubt, when the evidence we shall presently proceed to 
take, is unfolded — 

In regard to the debts of M^ Low — resting all on notes unsealed and 
book Acc'^ I had omitted to enquire into the circumstances and situation of 
debtors ag^'. whom I had no claims that could be enforced in this State, expect- 
ing that these debts would become the subject of a claim against the United 
States, being losses arising from the legal impediment — the Statute of 
limitations — From the decision of the Commissioners they may doubtless 
be recovered solely on this ground — Pray tell me sir if any claim hereon 
has yet been put in — and if not whether any assistance of mine will be 
wanted — have you a copy of the list of debts? 

Your Serv'. boy Kit goes to you by Capt". Bartlett — he will arrive 
before you set out for North Carolina. I wish you could so fi.x your time Sir, 
as to be at Halifax either the last week of Nov"", or the second of Dec''. It 
will be highly proper perhaps necessary for me to attend at Raleigh the first 
week of this last month — I have this day waited on the Counsel for David 
Barron's representatives, — and at this time can only tell you in general that 
they will be willing no doubt from assurances given me. to have our claim 
ag^'. them placed on such a footing as would be favorable to us without oper- 
ating any injury to them — 

In my last I wrote you that we had not yet ventured to bring suit ag^'. 
the representatives of Jacob Blount, or ag^'. those of Edw"^. Buncombe — 
In regard to Jacob Blount — it is in the first place impossible to ascertain 
who are his legal representatives — tho' this difficulty might in time be 
removed by risking an action ag^'. some or one of them on the defeating of 



PAPERS OF SAMUEL CORNELL. NORTH CAROLINA LOYALIST 41 

which, we might learn who the proper def'^ w"*. be — but it seems in the 
next place — that some agreement was made by or in behalf of the represen- 
tatives of M''. Cornell with Jacob Blount that certain charges to a large Am', 
for his attendance &c as witness in behalf of the estate of M''. Cornell in 
suits bro't by the Estate sh"^. be allowed out of his bond — I have frequently 
pressed this subject to my counsel — When Gen'. Davie was last in this 
place — his advice was that I sh''. write to Allen Jones Esq'', to know the above 
mentioned agreement, and on what evidence it rested — and to forbear suing 
for the present — lest the bond sh'^. be avoided by the mere circumstance of 
the obligor being named Ex"', in the will of M''. Cornell — and the claim for 
services as witness still be good — If this claim sh**. appear to be good at 
this day — he thought it w*^. be better to have the same offset ag^'. the bond 
in amicable settlement, than incur the above stated danger. I wrote to Gen'. 
Jones two weeks ago on this subject, have not yet received his answer. In 
respect to our claim ag'^'. Edw"*. Buncombe's Estate — this rests on a bill 
of sale of certain negroes in trust for £500 — It does not appear that this 
was accompanied with a delivery of the negroes — It cannot now be good 
ag^'. purchasers &c of the Estate — the property is said to have been all or 
most of it sold — -besides the seal appears to be torn off of the deed. (I 
mentioned this I believe before) To save the expense of a jaunt to Edenton 
and to avail myself of the last chance of procuring the necessary information 
of this Estate I have given W". Slade Esq'', of that place — the usual fee 
10 dolP. to enquire for the same — and if possible to collect facts enough 
or lay some foundation, for a bill in equity* immediately — promising him for 
his success herein so as to facilitate our remedy over — a further compen- 
sation — I have not yet heard from him on this subject — 

(Will you be so kind Sir as to procure for me a handsome sword cane — 
3 feet long — of the s>nallest size — ) 

I am Sir with best wishes 

Your humb. Serv'. 

Rob'. Ogden Jun"'. 

P. S. I imagine Sir it would be expedient to send the Commission for 
taking evidence to both the before named persons — this, if not necessary, 
would be a prudent guard ag^'. the failure of either thro' accident &c — 

* this on advice 



David A. Ogden to Robert Ogden, Jr. 

D^ Sir 

By the Arrival of Capt. Bartlett's Vessel I rec'' your favor of the 18"' 
Ult°. together with the printed Laws of North Carolina, also my Negro Boy 
Kitt who exceeds my most Sanguine expectations — Had I not presented 
our Memorial I would have been more explicit in pointing out the several 
Acts of North Carolina amounting to legal impediments — particularly the 



42 THE NEW YORK PUBLIC LIBRARY 

U"" Section of the Act of 1783 Entitled "An Act for establishing a Scale of 
Depreciation." &c &c. Our claim I am in hopes however in its present form 
will meet a favorable reception, the more so as I am informed it has already 
passed the Inspection of the British Commissioners, and is now under the 
Inspection of the American Agent, to state such objections as may occur to 
him ; on the 25"" I shall leave this place for Phila where I shall use my best 
endeavours to obtain a Decision, previous to my going to North Carolina — ■ 
when this is effected I shall have Commissioners immediately appointed 

From the information I have derived from M'' Rich one of the British 
Commrs it appears probable to me that the Board will in all cases award 
payment by the United States, where the Amount of the Debts or a part 
thereof has been paid into the Treasury, to this Measure I believe our Govern- 
ment will find it politic to accede, as a contrary principle would tend much to 
weaken the confidence of many Good Men in the Federal Government Some 
of whom have been compelled to pay their Debts into the Treasury in pursu- 
ance to the Laws of the States where they resided and what I conceive of 
more importance considering the situation of our Government would again 
bring into disruption the British Treaty of Amity and Commerce, in its most 
vulnerable part, as the claims against our Government under the Sixth Article 
of the British Treaty will amount to at least Twelve Million of Dollars it 
was under this impression that I wanted the Certified Copies from the Books 
of the Treasury of the payments on Account of M'' Cornell in North Carolina, 
in order to clap Debts of this Description under a particular head ; and I am 
still of Opinion that as soon as you can conveniently obtain them it should be 
done — The Certified Copies of the Adjudications of your Courts with 
respect to the Sta. of Limitations &c &c I shall daily expect. — 

The Memorial of M'' Low is prepared, also a list of Debts &c a Copy 
of the Schedule of these Debts you will receive herewith, of which you must 
be careful as I retained it as an Office Copy — I have omitted classing the 
Debtors under any distinct heads & have stated in the Memorial as a reason 
the absence of M'' Low from this Country & the want of time to procure 
this information promising it however before a final Awarfl : I hope this 
Object will also claim your early Attention — 

My proposed Jaunt to Halifax I more & more dread as the time 
approaches for my departure — The Fever during it's continuance caused 
a Total Stagnation to business — of course much distress in pecuniary mat- 
ters: as health & business again increase punctuality will be required: this 
presents a promising Harvest for Men of our profession — Poor as I am. 
however, I wish it otherwise & calling to my imagination the distresses of the 
Widow & the Orphan I shudder at the prospect of being the instrument of 
their Ruin — a little reflection cures these noble effusions of the Mind & 
dictates what the Duties of my profession require ■ — hence it is that in a 
pecuniary point of view I think my Jaunt will not be advantageous & that 
by my absence from business I shall lose more than my Journey will secure • — • 
At any rate I shall not be at Halifa.x before the Middle of December as I shall 
be detained in Philadelphia till the v^*" or 4"^ of that Month — You will of 
course be in Season to meet me after your return from Raleigh 



PAPERS OF SAMUEL CORNELL, NORTH CAROLINA LOYALIST 43 

The Books of IVP Cornell & M' Low of [crossed out] want, I wish we 
could be insured of their safe Arrival, if sent by this Opportunity, but they 
are of too much importance to risk a transportation by water, therefore you 
must not expect them till I arrive, or some other Opportunity offers. 

The arrangement you have made with respect to the Demand against 
the representatives of Baron I approve — Against Bunscombe's Estate do 
not till further advised commence a Suit — as the Commissioners will prob- 
ably award payment — if this should be the case you will save much trouble 
and the Costs of Suit 

At present your great Object with Barons representatives should be to 
liquidate the Debt, could this be effected it would be the most essential 
Service you could perform — A month or even a Year's attention to this 
single claim — if eventually attained, would to yourself, and those interested 
in the Estate of M"' Cornell, be of the first Magnitude — 

It is true that M'' Le Roy when he was in North Carolina agreed with 
M"' Jacob Blount for the settlement of his Bond - — that for this purpose 
the Bond was sent Gen'. Jones : but to this Settlement AP Blount afterwards 
refused to accede under the presumption that no recovery could be had 
against him: the business remains therefore precisely in the same situation 
as if nothing had passed on this Subject — M' Blounts Estate however 
with propriety may be allowed an off set for his Services attending as a 
Witness in the several Actions brought for the recovery of the read Estate — • 
The Amount that would be proper to credit Gen' Davie is the most proper 
person to determine as no specific Sum was ever agreed on — In order to 
ascertain J. Blount's legal representatives, it might be prudent to institute an 
Action against those whom you suppose are the proper persons — if you 
think proper this Action can be brought in the name of M" Mary Edwards 
the Admx to M"' Isaac Edwards Estate, on the Bond I sent you & till further 
advised delay proceedings against Blount's Estate at your Suit 

Herewith you will also receive Copies of the several Schedules annexed 
to your Memorial preserve them or Copies thereof — You will find by 
them that I have arranged the Debtors in a different Manner from what we 
before contemplated & rectified some Errors in the calculating of Interest 
&c &c The schedules are marked C. D. E. 

By the release of Dower from M" Edwards to Susannah Edwards, 
myself & wife sent herewith — the title is perfect in us, & by the enclosed 
power of Attorney you will be completely authorized to sell the real Estate 
whereof Isaac Edwards Esquire died seized in North Carolina — Capt 
Kimms who at present commands Capt Bartletts Vessel has subscribed his 
name as a Witness to these papers — this will enable you to have them 
registered in case the acknowledgement before the Mayor should prove insuf- 
ficient — In executing this power however you will observe that you are 
not to sell any other property than that specified in my Letter of the 3'' day 
of October last — nor for a smaller Amount — The Lott of Land by the 
Court House you may sell on the terms specified in your Letter if you can 
obtain no more viz $700 — The Amount of Sales when rec'' remit Mess. 



44 THE NEW YORK PUBLIC LIBRARY 

Le Roy Bayard & McEvers in the most advantageous Manner in your power, 
deducting such commissions as we agreed to pay you on recovery of the other 
Debts & if good Bills cannot be procured such as M"' Smith would approve — 
Ship the Cash advising us by post some days previous thereto — specifying 
the Vessel & the name of the Cap', in which you intend to Ship it & the 
Amount that Insurance may be made 

Inclosed you will receive the Copy of a receipt given by M'' Davie for 
a number of Bonds delivered him by M''^ Edwards for collection — ■ be pleased 
to call on him and ascertain the state of these demands what Amount he has 
received and the state of each particular Debt 

I have purchased for you a sword Cane — it being the first purchase of 
the kind I ever made I hope it will answer your expectations — The Cost 
thereof is $2 — 

A Duplicate of this Letter goes this Day by Capt Kimms My next 
Letter I shall direct to you at Halifax — under the presumption that you will 
leave Newbern for Raleigh previous to its Arrival at the former place — ■ 
Yours &c 



D. A. Ogden 



New York 

Nov^ 12'h. 1798 (Copy) 



PS. The power of attorney together with the release of Dower &c is 
not sent herewith — in the Expectation that Capt Kims will safely arrive; 
also the Copies of certain Notes receipts &c respecting which you are to make 
enquiry previous to my Arrival 

[Endorsed :] David A. Ogden ) 

to y Letter 

Rob'. Ogden ) 

Nov^ 12'\ 1798. 



AT Thk NtW Yo«K FUBl-K I.IBHA 

noM THE Bulletin, 

May. 1913 



■'-r^"^^^^^ 



